January 30, 2013

One-Gun-a-Month Law Constitutional, Third Circuit Rules

The Third Circuit held today that a New Jersey law barring the sale of more than one "handgun" to any person (other than collectors, target-shooters, and others who claim an exemption) doesn't violate the due process rights of people who want to purchase at least two handguns in a month. Ass'n New Jersey Rifle & Pistol Clubs v. Governor of New Jersey, No. 12-1624 (3d Cir. Jan. 30, 2012).

The plaintiffs claimed that the "One Gun Law" deprived them of due process because getting an exemption to buy multiple guns in a month might take too long. They also limited the complaint to the ban as it applied to BB-guns and air rifles.

The panel's brief opinion did not mention recent events.

Expect to see more challenges like this, perhaps the next time under a straight (or straighter) second amendment-type claim.